Monday's UT protest arrest cases remain active, County Attorney says

AUSTIN (KXAN) — A total of 79 people were arrested Monday after a group of pro-Palestinian protesters gathered on the South Mall at the University of Texas at Austin’s campus in the afternoon and set up several tents in the area. The group used metal chains and tables in an attempt to barricade themselves on the lawn.

The university issued a dispersal order around 1 p.m. Monday, and law enforcement, including UTPD, Austin Police and the Texas Department of Public Safety, responded shortly after.

Law enforcement began cutting chains and removing tents around 1:30 p.m., clearing the group from the tented area shortly after 4 p.m. Monday.

The Travis County Sheriff’s Office confirmed Tuesday morning that 79 people were booked into the Travis County Jail Monday in association with the protest. The sheriff’s office said the university’s police department was the arresting agency for 75 of those people, and the Austin Police Department was the arresting agency for the other four.

Seventy-eight of the people arrested are charged with criminal trespass. One of them has an additional charge of obstructing a highway or passageway, and one of them is charged with interfering with public duties, according to TCSO.

Forty-six of the 79 people arrested Monday were not UT students, according to a UT source.

Travis County Attorney Delia Garza held a brief press conference Tuesday afternoon to give an update on where Monday's arrest cases stand. She said her office, which prosecutes misdemeanors in Travis County, has received 65 cases for criminal trespass, and is continuing to review them as they come in. However, the large volume puts a delay on everyday processes, she said.

Last Wednesday, 57 people were booked into the Travis County Jail following a pro-Palestinian protest on campus. Garza's office said Friday it reviewed the cases and determined they would not proceed because they did not have “sufficient probable cause.”

Garza said the initial review of the probable cause affidavits for Monday's arrests did not reveal the same deficiencies as the cases dropped last week did, and the new cases remain active as of Tuesday. Garza said the difference between them is that the newer ones are more detailed and substantive, and the office believes they meet the standard for probable cause.

Garza noted that the manner in which the protests have been handled has put a strain on the criminal justice system as well as law enforcement officers, saying that the more law enforcement officers who are dispatched to respond means the fewer there are to respond to other needs, like domestic violence and other cases.

She also said she reached out to the university on how to "find a better way forward," reprimanding the practice of sending the protesters to jail for low-level criminal charges.

"While we understand the safety concerns of the university, continuing to send protesters to jail on criminal trespass charges -- one of the lowest level nonviolent crimes our office is presented with -- is putting tremendous strain on our criminal justice resources," Garza said.

The University of Texas released a statement on Monday’s protest, saying it believed most of the people at the protest were not affiliated with the university.

Earlier today [Monday], a number of protestors [sic], many believed to be non-UT affiliated individuals, erected a tent encampment on the South Lawn, with a barricade enclosure of tables secured by metal chains, and strategically placed tools, tents, and rocks. When approached, protestors [sic] escalated by becoming physically and verbally combative with Dean of Students’ staff. In response, the University of Texas took swift action to preserve a safe, conducive learning environment for our 53,000 students as they prepare for final exams.

UT Austin requested backup assistance from the Texas Department of Public Safety to protect the safety of the campus community and enforce our Institutional Rules, such as the rule that prohibits encampments on campus. Because of the encampments and other violations of the University’s Institutional Rules related to protests, protestors [sic] were told repeatedly to disperse. When they refused to disperse, some arrests were made for trespassing. Others were arrested for disorderly conduct.

Protests are allowed at the University of Texas. Since October and prior to April 24, no fewer than 13 pro-Palestinian free speech events were held on the UT campus, and four more demonstrations have been held since Thursday, largely without incident. The University strongly supports the free speech and assembly rights of our community and we want students and others on campus to know that protests on campus are fully permissible, provided that they do not violate Institutional Rules or threaten the safety of our campus community.

University of Texas statement

DPS said in a statement Monday that "DPS personnel provided support with the on-campus protest as requested. There were no arrests made by DPS personnel.”

Grace Reader, Jala Washington and Ryan Chandler contributed to this story.